You have been a dutiful parent, exercising your child’s rights to special education tailored to their individualized needs. You have followed the New York State Education Department’s (NYSED) policies to get these services. However, the school still has not done its duty. What is the next step? File a Special Education State Complaint.
Prerequisites
First, the school district or public agency must have violated one of the requirements of Part B of the Individuals with Disabilities Education Act or any other New York State law or regulation related to special education. Second, you must be the parent, although other individuals and organizations are also empowered to submit a complaint.
The Submission
Next, you file a written Special Education State Complaint, sign it submit it to the NYSED. The form is on their website, but the form is not required. Be sure to forward a copy of the complaint to the violating agency. Once the NYSED receives the complaint, they must decide on whether a violation occurred and issue a written decision.
Creating Your Own State Complaint
If you elect to not use the NYSED form, your personalized form must be in writing and mailed (e-mail and fax submissions are not accepted). It must be signed by you with a wet-ink signature. It must state what law or regulation was violated and how the school district or public agency violated that law.
Your contact information must be included, along with the child’s information (name, address and name of school they attend). Finally, you must include proposed resolutions, and the violation cannot have occurred more than 1 year prior to your filing.
Mediation
Prior to investigating the claim though, NYSED will encourage the parties to mediate their claims. However, this is not required.
Procedural Next Steps
Once the complaint is filed, the Cedarhurst, New York, offending agency must send procedural safeguards notice to you. You can then submit additional information, which can be done verbally or in writing. Next, the offending agency responds to the allegations, including potential resolutions. Within 60 days, NYSED will issue its decision.